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LOCAL RULES 1. MOTIONS PRACTICE

Effective Date: 1/1/1998

Obsolete Date: 1/1/2003

a) Hearings on Motions. Parties initiating motions shall file with the Clerk of Court a notice of motion and notice of hearing in all cases setting forth the date, time, and place of hearing. The party initiating the motion shall notify and serve the opposing party of such motion.

(b) Submission on Briefs. A party may request the motion be submitted on briefs in lieu of a hearing. The party shall make the request in writing to the judge presiding over the motion.

(c) Exceptions. The following categories of applications, motions, and demands shall be submitted pursuant to Rule 3.2(c) NDROCand need not initially be noticed for hearing:

Motions for change of venue.
Applications or motions for appointment of guardian ad litem.
Motions for default judgment under rule 55 NDRCivP except if the party against whom judgment by default is sought has appeared in the action.
Motion for reduction of sentence under Rule 35 NDRCrimP.

(d)This Rule shall not prejudice a party from initiating motions whose attorney does not reside within the East Central Judicial District or Clay County, Minnesota.

[Readopted effective January 1, 1993; readopted effective January 1, 1998.]

Effective Date Obsolete Date
01/01/2003 View
01/01/1998 01/01/2003 View